What is incapacity for work?
Incapacity for work (AU) exists when an employee can no longer perform their last activity due to illness, or only at the risk of worsening their condition. The benchmark is the specific activity, not the profession in general.
Sick notes and the electronic AU (eAU)
Incapacity is determined by a doctor. Since 2023 reporting uses the electronic sick note (eAU): the practice transmits the data directly to the statutory health fund, and the employer retrieves it digitally.
Notification and proof duties
- Notification: employees must inform the employer of the incapacity and its expected duration immediately.
- Proof: if the AU lasts more than three calendar days, a medical certificate is required by the fourth day (the employer may request it earlier).
Duration, continued pay and sick pay
The employer continues full pay for up to six weeks. Afterwards the health fund pays sick pay – for the same illness up to 78 weeks within three years. After longer incapacity a phased reintegration often follows, and from six weeks of AU the employer must offer a BEM.
Leading causes – and the prevention lever
While respiratory illnesses account for the most AU cases, mental illnesses cause the longest absence per case. This is the biggest lever for employers: the psychological risk assessment under §5 ArbSchG systematically uncovers psychological stressors before they cause long absences. Learn more →